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A deputy has been dispatched to the Mount Rest Cemetery in Bergen, Route 262 and Route 19, to investigate a complaint of damage to headstones.

Press release:

The City of Batavia Police Department has been investigating the discovery of a deceased male in the sand wash at DeWitt park. The City of Batavia Police Department is issuing a clarification in the timeline of the originally reported events.

The timeline is as follows:

• 08:54HRS: Fisherman discovers deceased male, contacts Genesee County Dispatch Center 09:03HRS: Officers arrive on scene
• 10:30HRS: Genesee County Coroner Douglas pronounces time of death
• 11:13HRS: City of Batavia Fire Department and Batavia Police Department Detectives perform water recovery

Cause of death is still under investigation. The Batavia Police Department will not be releasing the identification of the deceased male until the next of kin has been notified. The Batavia Police Department will update the media with any new information as it becomes available. 

The city's animal control officer has been dispatched to an address on Union Street where a caller reports that a dog is tied up outside every day and barks all day.

"The caller has had enough," the dispatcher told the officer.

A second caller, who heard the dispatch, says he believes the dog is on Woodrow.

City Council is expected to vote tonight on a local law to amend the Downtown Batavia Business Improvement District (BID) plan, a proposed action supported by a six-page report from City Manager Jason Molino and coming on the heels of last week's resignation of BID Executive Director Laurie Oltramari.

The Business session of tonight's City Council meeting at the Council Board Room at City Hall gets under way at 7 p.m. and will be followed by a Conference session.

The city and the BID have been at odds since May when Molino reported that the BID's 2016-17 assessment budget exceeded the General Municipal Law limits for district assessment charges used for operations. Molino also recommended requiring the BID to adhere to Open Meetings and Freedom of Information laws, and to post its bylaws and meeting notices and minutes on its website.

According to Molino's report, the BID -- which includes business property owners located in the downtown section as well as on Ellicott Street -- assessed a levy of $120,000 for 2016-17, an amount that exceeds the authorized amount allowed for operations and debt service payments under the General Municipal Law. As a result, the BID assessment that was levied May 1, 2016 was an additional $49,571 in confilict with the GML and the district plan with no authorized use of additional funds.

The city has made several budget amendments to correct the situation, including holding the additional levy of $49,571 in a trust account until the BID plan could be updated and approved by City Council to include a capital infrastructure project. Molino's report also calls for the BID's Management Association to forward its proposed budget to the City Manager no later than Jan. 15 of each year, subject to review by City Council.

Emails and calls to Oltramari for comment regarding her resignation have yet to be returned. BID President Victor Gautieri confirmed the resignation and said the board would meet in the coming week to decide what to do next. 

Also on tonight's Business agenda:

-- Resolutions to submit applications for a Community Development Block Grant to rehabilitate homes owned by those with low- to low-moderate incomes who occupy the home and a Restore NY grant program that provides up to $50 million for redevelopment projects in urban areas;

-- A resolution to authorize a 2.75-percent hike in Molino's salary, which would increase his annual pay to $93,782.

An accident with injuries is reported at Lockport Road and Albion Road, Oakfield.

Oakfield fire and Mercy EMS responding.

UPDATE 10:10 a.m.: Oakfield Fire Police on location. Both lanes blocked.

UPDATE 10:14 a.m.: Minor injuries.

UPDATE 11:15 a.m.: Units back in service.

A 16-year-old male, no address provided, was arrested at 11:55 p.m. on Sept. 3 following a reported burglary in progress on Ellicott Street in Batavia. The subject was located at the incident location and was subsequently involved in a foot chase with patrols. He was apprehended on Liberty Street, then transported to Batavia Police headquarters for processing. He is charged with third degree attempted burglary, third degree criminal mischief, and possession of burglar tools. He is scheduled to be in City Court today. The case was handled by Batavia Police Officer Matthew Wojtaszczyk, assisted by Officer Felicia DeGroot.

Lisa Marie Cordier, 32, of Castle Drive, Olean, is charged with second-degree harassment. At 5 p.m. on Sept. 4 at Darien Lake Theme Park & Resort, Cordier waas arrested for allegedly slapping and striking two people. The case was a handled by Sheriff's Deputy Kevin McCarthy, assisted by Sgt. Jason Saile.

A 17-year-old who lives on Castle Drive in Olean, is charged with second-degree harassment. At 5 p.m. on Sept. 4 at Darien Lake Theme Park & Resort, the defendant was arrested for allegedly punching and pulling the hair of another person. The case was a handled by Sheriff's Deputy Kevin McCarthy, assisted by Sgt. Jason Saile.

Steven Richard Holt, 40, of Castle Drive, Olean, is charged with second-degree harassment. At 5 p.m. on Sept. 4 at Darien Lake Theme Park & Resort, the defendant was arrested for allegedly slapping and pushing another person. The case was a handled by Sheriff's Deputy Kevin McCarthy, assisted by Sgt. Jason Saile.

Carly Marie Fazio, 28, of Trowbridge Street, Buffalo, is charged with resisting arrest and obstructing government administration. At 11 a.m. on Sept. 4, Fazio was arrested for allegedly obstructing government administration during a domestic incident at Darien Lake Theme Park and resisting arrest. The case was handled by Sheriff's Deputy Kevin McCarthy, assisted by Deputy Howard Carlson.

Kevin Michael Jones, 31, of North Pearl Street, Oakfield, is charged with: DWI; DWI with a BAC of .08 percent or higher; first-degree aggravated unlicensed operation of a motor vehicle; unlawful possession of marijuana; and driving left of pavement markings in a no-passing zone. At 1:39 a.m. on Sept. 4 on Route 5 in Pembroke, Jones was arrested following an investigation into an erratic driving complaint. In addition to the charges, he was ticketed for having inadequate exhaust and driving a vehicle with a broken windshield. He was issued an appearance ticket for Pembroke Town Court on Oct. 2. The case was handled by Sheriff's Deputy Eric Meyer.

Michael Eugene Weichman, 21, of West Main Street Road, Batavia, is charged with criminal possession of a weapon in the third degree. At 2:40 p.m. on Aug. 31, while investigating a report of a domestic altercation, Weichman was allegedly found to be in possession of a switchblade knife, while having a prior conviction for a crime. He was arrested and jailed in lieu of $2,500 bail. He is due in Batavia Town Court on Sept. 19. The case was handled by Sheriff's Deputy Joseph Graff, assisted by Deputy Lonnie Nati.

Michael J. Antonucci, 33, of Alexander Road, Attica, is charged with second-degree criminal contempt. He was arrested at 7:24 a.m. on Aug. 24 on Bank Street in Batavia after he allegedly violated an order of protection by having contact with the protected party. He is due in City Court on Sept. 20. The case was handled by Batavia Police Officer Cowen Mitchell.

Kiha S. McNear, 18, of Walnut Street, Batavia, was arrested on Sept. 2 on two bench warrants out of City Court. McNear was located at a residence on Walnut Street and was held on bail in jail. McNear is due in City Court on Sept. 6. The case was handled by Batavia Police Officer Mitchell Cowen, assisted by Officer Christopher Lindsay. 

Ryan R. Hernandez, 19, of Walnut Street, Batavia, was arrested on Sept. 3 on a bench warrant out of City Court. The warrant was issued after Hernandez failed to appear in court on a misdemeanor vehicle and traffic law charge. He was released on his own recognizance and in due in City Court on Sept. 7. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Jason Davis.

Rummaging around in the radio station's transmitter site on Creek Road a couple of years ago, WBTA's owner Dan Fischer found the old stainless steel call letters that once adorned the second-floor exterior of 90 Main Street, the radio station's first home 75 years ago.

When the radio station moved to Cedar Place some years later, so did the letters, but whenever the station's studios moved again, the letters were shuffled off to storage at the transmitter building and forgotten until Fischer uncovered them.

As part of a remodeling project at the station's current location at Main and Center, Fischer had the letters polished up and Jeff Gillard designed and built a mounting system that off-set the letters two inches from the wall and back lit them with LED lights.

The long hallway like area at the front of the office has always been a hard area to decorate, Fischer said. It was just a long blank wall and a few small pictures really did not do the space justice. The call letters are a perfect fit.

"They’re obviously a showpiece, a conversation piece, they bring back the history of the station, they’re 75 years old, and when you think of that, and most those years, they were outside, I think they held up pretty well," Fischer said.

A porch fire is reported at 41 Maple St. in the city. City fire is responding.

UPDATE 7:34 p.m.: Fire is out; checking for extensions.

To purchase prints, click here.

P.S.: I'm not adopting any of the dogs Volunteers for Animals brought to the parade today. Promise.

It likely will be days before we know how a man whose body was found partially submerged in the lake at DeWitt Recreation Area in Batavia died.

A fisherman first noticed the body some time after 6 a.m., which is when the Cedar Street park opened, and he notified a member of the park maintenance staff.

Batavia PD was notified at 8:54 a.m.

Officer Marc Lawrence, who briefed media earlier this afternoon at DeWitt, said he couldn't speculate on why there was a delay between the body being spotted and police being contacted.

Lawrence said there is no information available indicating the age or race of the deceased.

The body was found at the far end of the lake from the main entrance, in the northeast corner, on the other side of the land bridge that has been exposed by the drought.

As of early this afternoon, a scuba-diving team was still searching the lake for any potential evidence that might be connected to the incident.

At this time, the investigation is being handled as a criminal investigation, pending new information that might indicate otherwise.

There have been two recent missing person reports in the area, but there's no information at this time connecting those reports to this incident, Lawrence said.

A three-vehicle accident is reported at the intersection of Route 63 and Route 20, Pavilion.

Injuries are reported.

Pavilion Fire and Mercy EMS dispatched.

UPDATE 2:25 p.m.: Callers have not indicated extent of injuries. A chief in route has requested Mercy Flight on a ground standby.

UPDATE 2:29 p.m.: Fire Police requested to the scene.

UPDATE 2:32 p.m.: A second ambulance requested to the scene, non-emergency.

A motor vehicle accident with injuries is reported at 117 East Main St., Le Roy.

Le Roy Fire and Le Roy Ambulance dispatched.

UPDATE 2:12 p.m.: Fire Police requested for traffic control.

UPDATE 2:24 p.m.: Patient extricated.

(Submitted photo: "Winter Morning," painting by Don Grieger of The All Weather Gang, a group whose works are now on display at Elzay Gallery at Ohio Northern University's Wilson Fine Art Building through Oct. 5.)

Press release:

The All Weather Gang is a group of diverse individuals (think aerospace engineer and English teacher to graphic designer and owner of a construction company) from Western New York, including Batavia and Le Roy, who have met almost every Saturday for decades to go outdoors and paint in weather that at times would give even the U.S. Postal Service reason to reconsider.

They gather to paint the world around them and by doing so to draw attention to the scenes that "every one looks at, but no one sees." For the first time, the group's artwork is on display in Ohio.

The new exhibition, which opened Aug. 29 runs through Oct. 5, brings together paintings from summer, fall, winter and spring that are painted en plein air (outdoors) and on site.

The show is at the Elzay Gallery located at Ohio Northern University's Wilson Fine Art Building at 515 S. Gilbert St. in Ada. The gallery is open daily 1 to 4:30 pm. Sponsored by Ohio Northern University Art & Design Department and CASE (Committee on the Arts and Special Events).

City of Batavia police, with assistance from State Police, Genesee County Sheriff's deputies and City of Batavia Fire Rescue personnel, are investigating the discovery of a body found early this morning at DeWitt Recreation Area on Cedar Street.

"The body was found by a fisherman shortly after 6 a.m. in the sandwash -- actually in the water," said City Police Officer Marc Lawrence, who arrived at the scene around 10 a.m. and advised that the park would be closed to the public at 10:40 a.m.

"We do not know the sex or race of the individual or the situation that led up to it at this time."

Lawrence said that fire rescue workers will assist law enforcement with the retrieval of the body and removal to the medical examiner's office in Erie County. He added that he anticipates another press briefing will take place around noon.

Reports indicate that the body was found in the southeast portion of the park a short time after a park maintenance employee opened the gates at 6 a.m. 

The Batavian will publish more details as they are released by authorities.

Photo -- By Carlet Cleare, 13WHAM.

A motor-vehicle accident with injuries is reported at Oak Street and Richmond Avenue.

City fire and Mercy EMS responding.

UPDATE 9:20 a.m.: No injuries. Police believe the driver of the sedan, heading west on Richmond, ran a red light.

A male in his 40s is injured following an ATV accident at 3725 Maltby Road in Oakfield, well off the main roadway. He reportedly has a head injury, was briefly unconscious, and is bleeding due to a "severe laceration of his right ear." Mercy Flight is on ground standby. Oakfield fire and Mercy medics are responding. The location is between Weatherwax and Fisher roads.

City police are responding to Union Street for a complaint of "large kids playing football in the street."

The day in the life of a police officer isn't always just about seeing bad people do bad things, they also see good people doing good things. And the folks at Sweet Pea's Cupcakery Cafe on Jackson Street wanted to provide a way for Batavia PD officers to reward the people they come across who do the little things to help make the community better. They made up "Random Act of Cupcake" cards for police officers to hand out to people they come across doing good things.

The cards read, "You've been caught doing good! Enjoy a free cupcake or cookie."

Pictured Lyndsey, from Sweet Pea's, and Officer Mitchell Cowen, who helped coordinate the effort with Batavia PD.

The man who shot and killed an Alexander High School graduate last year entered a guilty plea and will serve at least 45 years in prison.

Zachary Ludwig was sentenced in West Chester, Pa., on Friday.

Ludwig admitted to buying an unregistered shotgun, cutting its barrel down to 12 inches and then luring Nichols Mruczek out of his apartment and firing the gun at point-blank range.

Ludwig was angry because Mruczek was in a relationship with his ex-girlfriend.

Reporter Michael P. Rellahan was in court Friday for the hearing and published a detailed account of the proceedings for the Phoenix Reporter. 

Mruczek's parents and brother spoke in court about the devastating loss their family suffered.

“He was one in a million,” said his mother, Dawn Werner, who had traveled from New York to attend the hearing, as had the others. “He had a smile that would light up a room, and he learned at a young age that if he flashed that smile he could melt your heart."

The prosecution consulted the family prior to the plea deal and Nick's brother Justin acknowledged that it would be impossible to fashion a deal that would bring his brother back.

“I wish I could honestly say and think that justice has been served but there is no amount of jail time that can bring back such a beautiful, fun-loving life like my brother’s," Justin said.

Nick's father, Pat Mruczek, recalled how he spoke to his son daily and his mobile phone has become a difficult reminder of what he's lost.

“My cell phone only reminds me of the death of my son," Pat Mruczek said. "How I hate my phone. If it was not for all the pictures (of Mruczek) I have on it I would have thrown it away long ago.

“A big part of my life is gone and I will never get that back,” he added.

Ludwig said he deeply regrets his crime.

“Every day I wish I could bring Mruczek back," Ludwig said. "I can never forgive myself for what I’ve done. I cannot apologize enough.

“I understand if you think I am a monster,” Ludwig added. “I’d have to agree with you.”

Ludwig, who could have received a life prison sentence if convicted by a jury, admitted to third-degree murder, which carried a maximum penalty of 20 to 40 years in prison. However, he was given a 45-90 year sentence because he also entered guilty pleas to attempted burglary, terroristic threats, prohibited offensive weapons, recklessly endangering another person and possession of instruments of a crime.

The 23-year-old Ludwig was offered the plea deal, and the chance to some day get out of prison, according to Deputy District Attorney Michelle Frei, because of his contrition, lack of prior criminal record and relatively young age.

Laurie Oltramari, executive director of the Batavia Improvement District, turned in her letter of resignation this week.

BID president Victor Gautieri confirmed the resignation and said the board would meet in the coming week to decide what to do next. 

Oltramari led the organization for a year. 

Gautieri declined further comment.